FORTY-EIGHTH LEGISLATURE

FIRST SESSION, 2007

March 13, 2007

Mr. Speaker:

    Your TRANSPORTATION AND PUBLIC WORKS COMMITTEE, to whom has been referred

SENATE BILL 780, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. Strike all senate judiciary committee amendments.

     2. On page 1, line 22, after "that", strike the remainder of the line and strike lines 23 through 25 in their entirety and on page 2, strike lines 1 through 4 in their entirety and insert in lieu thereof the following language:

"a municipality, including a home-rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, that enacts an ordinance creating violations that are the same as or related to violations of the Motor Vehicle Code, shall:

                (1) establish fines or penalties for the violations that are identical to penalties in the Motor Vehicle Code for the same or most closely related violations of that code; and

                (2) unless the person charged with a violation is subject, for that violation, to the jurisdiction of a municipal, magistrate or metropolitan court, charge fees and make distribution of those fees, as described in Section 35-14-1 NMSA 1978 for municipalities with municipal courts and as described in Subsection D of Section 35-6-1 NMSA 1978 and Section 35-7-4 NMSA 1978 for municipalities with magistrate or metropolitan courts;".

     3. On pages 2 through 7, strike Sections 2 and 3 in their entirety and insert in lieu thereof a new Section 2 to read:

     "Section 2. TEMPORARY PROVISION--APPLICABILITY.--The provisions of this act shall apply prospectively to all municipal ordinances enacted before or after the effective date of the provisions of this act.".,

and thence referred to the HEALTH AND GOVERNMENT AFFAIRS COMMITTEE.